Protecting Your Second Amendment Rights: Weapon Crimes Defense in Austin, Texas

Texas is a state that values the right to bear arms. But with that right comes responsibility—and serious consequences when the law is violated. A weapon crime charge can mean felony conviction, years in prison, loss of firearm rights, and a permanent criminal record that affects employment, housing, and professional licensing. Whether you are facing charges of unlawful carry, possession of a prohibited weapon, or aggravated assault with a deadly weapon, the stakes could not be higher.

At Barton & Associates, Attorneys at Law, we defend clients throughout Austin and Central Texas against weapon crimes charges. From the neighborhoods of Central Austin to the communities of Round Rock, Cedar Park, Lakeway, Kyle, and Dripping Springs, our attorneys bring decades of experience to criminal defense. We understand that weapon cases often involve complex legal issues—search and seizure, constitutional rights, and the nuances of Texas firearm laws—and that a skilled defense can protect your rights, your freedom, and your Second Amendment rights.

Whether you are facing misdemeanor or felony weapon charges, we provide the strategic guidance and aggressive representation you need to protect your future.

Understanding Weapon Crimes in Texas

Texas has some of the most firearm-friendly laws in the nation, but there are still many ways to run afoul of the law. Understanding the specific charge you face is essential to building your defense.

Unlawful Carry of a Weapon:

Under Texas Penal Code Section 46.02, a person commits an offense if they intentionally, knowingly, or recklessly carry a handgun on their person without a valid license. This is generally a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000.

Possession of a Prohibited Weapon:

Under Texas Penal Code Section 46.05, it is illegal to possess certain weapons, including:

• Explosive weapons

• Machine guns

• Short-barrel firearms

• Armor-piercing ammunition

• Chemical dispensing devices

• Zip guns

Possession of a prohibited weapon is a third-degree felony, punishable by 2 to 10 years in prison.

Unlawful Possession of a Firearm by a Felon:

Under Texas Penal Code Section 46.04, a person who has been convicted of a felony commits an offense if they possess a firearm before the fifth anniversary of their release from confinement or supervision. This is a third-degree felony.

Aggravated Assault with a Deadly Weapon:

Under Texas Penal Code Section 22.02, a person commits aggravated assault if they cause serious bodily injury or use or exhibit a deadly weapon during an assault. This is a second-degree felony, punishable by 2 to 20 years in prison.

Deadly Conduct:

Under Texas Penal Code Section 22.05, a person commits deadly conduct if they recklessly engage in conduct that places another in imminent danger of serious bodily injury, including discharging a firearm. This can be a Class A misdemeanor or a third-degree felony.

For families in Austin, a weapon crime charge can have serious consequences.

What Is the Penalty for Unlawful Carry of a Weapon in Texas?

Unlawful carry of a weapon is generally a Class A misdemeanor in Texas, punishable by up to one year in jail and a fine of up to $4,000.

Factors That Affect Sentencing:

• Whether the weapon was a handgun or other firearm

• Whether the defendant had a prior criminal history

• Whether the weapon was used in connection with another crime

• Whether the defendant was in a prohibited location (school, courthouse, etc.)

Enhanced Penalties:

• If the offense occurs in a prohibited place (school, courthouse, polling place, etc.), it can be enhanced to a third-degree felony

• If the defendant has a prior conviction for unlawful carry, the charge may be enhanced

Collateral Consequences:

• Loss of Firearm Rights: A conviction may result in loss of the right to possess firearms

• Criminal Record: A permanent conviction on your record

• Employment: Many employers will not hire individuals with weapon crime convictions

• Professional Licensing: Licensing boards may take action based on a conviction

For families in Austin, an unlawful carry charge is serious and requires an aggressive defense.

How to Defend a Weapon Crime Charge

Defending against a weapon crime charge requires a strategic approach. The State must prove each element beyond a reasonable doubt.

Defense 1: Unlawful Search and Seizure

The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement found the weapon through an illegal search, your attorney can file a motion to suppress. Common issues include:

• No probable cause for the stop

• No warrant where one was required

• Search exceeded the scope of consent

• Illegal detention

Defense 2: The Weapon Was Not a “Weapon” Under the Law

Some items charged as prohibited weapons may not meet the legal definition. Your attorney can challenge whether the item qualifies as a prohibited weapon under Texas law.

Defense 3: The Defendant Did Not “Knowingly” Possess the Weapon

Possession requires knowledge. If you did not know the weapon was in your vehicle, bag, or location, you have a defense. This is particularly relevant in cases involving shared vehicles or residences.

Defense 4: Exception or Defense Applies

Texas law provides exceptions and defenses to many weapon charges:

• License to Carry: If you had a valid license to carry

• Premises Defense: If the weapon was carried on property you own or control

• Traveling Defense: If you were traveling (for certain offenses)

• Self-Defense: If the weapon was used in self-defense

• Sporting Use: For certain weapons used for hunting or sporting purposes

Defense 5: Mistaken Identity

In some cases, the defendant may have been misidentified as the person possessing the weapon. Your attorney can challenge:

• The reliability of witness identification

• Whether the defendant was actually in possession

Defense 6: Challenging the Evidence

Your attorney can challenge:

• The credibility of witnesses

• The chain of custody for the weapon

• Whether the weapon was actually the one seized

• Whether the weapon was properly tested (if applicable)

For families in Austin, a strong defense can mean the difference between a conviction and a dismissal.

Unlawful Carry and License to Carry

Texas is a permitless carry state for handguns, meaning most adults can carry a handgun without a license. However, there are important limitations.

Permitless Carry:

As of September 1, 2021, most adults 21 and over can carry a handgun in public without a license. However, permitless carry does not apply to:

• Individuals prohibited from possessing firearms (felons, etc.)

• Locations where firearms are prohibited (schools, courthouses, etc.)

• Carrying of weapons other than handguns

License to Carry:

A License to Carry (LTC) allows the holder to carry a handgun in more locations and provides certain protections. If you have a valid LTC, you may have a defense to unlawful carry charges.

Defending Unlawful Carry:

• Valid License: If you have a valid LTC, the charge should be dismissed

• Permitless Carry: If you were eligible for permitless carry, the charge may be dismissed

• Exception: If you fall within an exception to the permitless carry restrictions

For families in Austin, understanding the nuances of Texas carry laws is essential to your defense.

Possession of a Firearm by a Felon

A felony conviction carries a lifetime loss of firearm rights in Texas, but the law has important nuances.

The 5-Year Rule:

Under Texas law, a felon may possess a firearm at their home after five years have passed from the date of release from confinement or supervision. This is a complex area of law with many exceptions.

Defending Possession by a Felon:

• The 5-Year Period: Has the required time passed?

• The Weapon Was Not a Firearm: The statute applies only to firearms

• Constructive Possession: The State must prove you actually possessed the weapon

• Defense to Prosecution: Texas law provides a defense if the weapon was possessed at your home after the waiting period

Federal Law:

Even if Texas law allows possession, federal law prohibits felons from possessing firearms indefinitely. A state conviction can lead to federal prosecution.

For families in Austin, possession of a firearm by a felon is a serious charge that requires careful analysis.

Aggravated Assault with a Deadly Weapon

Aggravated assault with a deadly weapon is one of the most serious weapon crimes, carrying severe penalties.

What Constitutes a Deadly Weapon:

A deadly weapon is anything that in the manner of its use is capable of causing death or serious bodily injury. This includes:

• Firearms

• Knives

• Vehicles

• Any object used in a dangerous manner

The Penalty:

Aggravated assault with a deadly weapon is a second-degree felony, punishable by 2 to 20 years in prison.

Defending Aggravated Assault:

• Self-Defense: You were defending yourself or others

• No Deadly Weapon: The object used does not qualify as a deadly weapon

• No Serious Bodily Injury: The assault did not cause serious bodily injury

• False Allegations: The alleged victim is lying

For families in Austin, aggravated assault charges require the most aggressive defense.

The Importance of Challenging Search and Seizure

In many weapon cases, the evidence is obtained through a traffic stop, a search of a vehicle, or a search of a home. Challenging the legality of the search can be the most effective defense.

When a Search Is Unlawful:

• No Probable Cause: The officer did not have probable cause to stop you or search your vehicle

• No Warrant: The officer searched your home without a warrant and no exception applies

• Illegal Detention: The officer detained you longer than necessary

• Consent Invalid: You consented under duress or did not have authority to consent

The Exclusionary Rule:

If the court finds the search was unlawful, the evidence (the weapon) will be suppressed—meaning it cannot be used against you at trial. Without the weapon, the State may have no case.

For families in Austin, challenging the search is often the most powerful defense in weapon cases.

Frequently Asked Questions About Weapon Crimes in Austin, Texas

When clients come to our office—whether from Austin’s central neighborhoods, the suburbs to the north and south, or the Hill Country communities—they often have questions about weapon crimes. Here are the answers to the most common inquiries we receive.

Can I carry a handgun without a license in Texas?

Yes. As of September 1, 2021, most adults 21 and over can carry a handgun in public without a license. However, there are restrictions on where you can carry and who is eligible.

What is the penalty for carrying a weapon in a prohibited place?

Carrying a weapon in a prohibited place (school, courthouse, polling place, etc.) can be a third-degree felony, punishable by 2 to 10 years in prison.

Can a felon ever possess a firearm in Texas?

A felon may possess a firearm at their home after five years have passed from the date of release from confinement or supervision. However, federal law still prohibits possession.

What is considered a deadly weapon?

A deadly weapon is anything that in the manner of its use is capable of causing death or serious bodily injury. This includes firearms, knives, vehicles, and any object used in a dangerous manner.

Can I get probation for a weapon crime?

It depends on the charge. Misdemeanor weapon crimes may be eligible for probation. Felony weapon crimes may also be eligible, but probation is not guaranteed.

Will I lose my right to own firearms if convicted?

Yes, for most felony weapon convictions. A felony conviction results in loss of firearm rights under both state and federal law.

Do I need an attorney for a weapon crime charge?

Yes. Weapon crimes carry serious penalties and collateral consequences. An experienced attorney can challenge the search, the evidence, and build a strong defense.

Why Barton & Associates for Weapon Crimes Defense in Austin

Weapon crimes defense requires attorneys who understand the Second Amendment, the nuances of Texas firearm laws, and the strategies for challenging search and seizure. The attorneys at Barton & Associates bring decades of experience to weapon crimes defense, helping clients protect their rights, their freedom, and their Second Amendment rights.

We are deeply rooted in the Austin legal community. We have handled weapon crimes cases in Travis County courts for decades and understand the local prosecutors, the judges, and the strategies that work. This local knowledge allows us to advise clients accurately and advocate effectively.

We are also committed to a client-centered approach. We take the time to understand your case, your goals, and your concerns. We explain your options in clear, straightforward language, and we provide honest advice about the best path forward.

Take the First Step Toward Protecting Your Rights

If you are facing a weapon crime charge, your freedom and your Second Amendment rights are on the line. Do not wait. The sooner you have an experienced attorney on your side, the better your chances of a favorable outcome. At Barton & Associates, we are here to fight for you.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced criminal defense attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you protect your rights and your future.

Main Category: Criminal Defense Austin
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)